Local Works SOW for Data collection and analysis.pdf

72036720Q00001

Solicitation Number: 72036720Q00001

Subject: Solicitation for Analysis of Vulnerability and Marginalization Risks in Nepal

Closing Date: June 15, 2020, 4:30 PM, Nepal Time

The United States Government, represented by the U.S. Agency for International Development

(USAID), is seeking proposals from any firms interested in providing the services as described in this solicitation. The firm may be a national or an international company or a Non-Governmental

Organization.

The primary function of the firm will be to: undertake a comprehensive analysis of all relevant and existing literature, studies, best practices and data on vulnerability and marginalization in Nepal, with the purpose of developing a set of recommendations that USAID/Nepal can use to advance locally led development and empower local actors to address their development challenges.

The Government intends to evaluate proposals and award a contract without discussions with offerors. Therefore, the offeror’s proposal should contain the best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting

Officer later determines them to be necessary.

The successful offeror will be assigned under a Purchase Order (PO) for the deliverables as described in the Statement of Work. If awarded, the firm will be required to complete and deliver the specified tasks and/or products(s) within the final negotiated cost and dates.

If you are interested, please provide your technical and cost proposal to USAID/Nepal Executive

Office at your earliest opportunity, but no later than June 15, 2020 via below email address.

This solicitation in no way obligates USAID/Nepal to award you a PO/Contract nor does it commit

USAID/Nepal to pay any cost incurred in the preparation and submission of the proposal. Do not incur any expense or begin work until notified that a contract has been awarded to you, in writing, by the Contracting Officer. Please refer any questions you may have regarding this announcement to USAID/Nepal Executive Office, via email at kathmanduSAP@usaid.gov no later than COB

June 15, 2020.

Sincerely

Shawn Phillips

Contracting Officer

Shawn Phillips

Digitally signed by Shawn Phillips Date: 2020.05.22 11:46:04 +05'45'

STATEMENT OF WORK

TITLE: ANALYSIS OF VULNERABILITY AND MARGINALIZATION RISKS IN

NEPAL

1. OBJECTIVE

● Undertake a comprehensive analysis of all relevant and existing literature, studies, best practices and data on vulnerability and marginalization in Nepal,

● Recommend specific areas/communities, using a risk centered approach, that

USAID/Nepal could potentially engage with on locally led solutions to development challenges

2. BACKGROUND

USAID/Nepal solicits applications to increase effectiveness in meeting the needs of the most vulnerable and marginalized members of Nepali society, especially in light of the COVID pandemic. USAID/Nepal will use a risk centered approach to identify potential beneficiaries demonstrating elevated vulnerability exacerbated by the COVID pandemic. USAID will engage with the vulnerable and marginalized people identified, and will employ a user oriented process to empower them to understand risks, design solutions that reduce their exposure to risk, allow them to rebound from shocks more quickly, and help to build a path to future prosperity. This analysis is a part of the process that promotes collaboration across the

Mission to ensure that multiple aspects of vulnerability and marginalization are addressed under Nepal’s new federal system of governance. Although data collection will include lines of inquiry specific to COVID-19’s impact on vulnerability, it will also include questions on a broader set of hazards. Together, this data will provide an analysis of composite risk that helps USAID to identify vulnerable populations with which to potentially partner during and after the crisis.

During the process, the organization or consortia must develop a research methodology to undertake a desk review with no field work or primary research that meets all the requirements outlined in the scope of work (SOW)

3. SCOPE OF WORK

This Scope of Work (SOW) is to contract an organization or consortia, preferably a Nepali organization or consortia, to undertake a comprehensive analysis of all relevant, existing literature, studies, best practices and data on vulnerability and marginalization in Nepal, with the purpose of recommending specific areas/communities, using a risk centered approach, that USAID/Nepal could potentially engage with on locally led solutions to development challenges. Specifically, the organization or consortia must:

a. Develop a research methodology to undertake a desk review with no field work or primary research, which:

i. Identifies and proposes publicly available data and literature related to vulnerability and marginalization in Nepal to be used in the analysis. The contractor will begin with, but will not be limited to, resources found in

Annex A.

ii. Examines new data being generated as a result of COVID in Nepal and highlights how COVID is impacting the underlying vulnerability of specific populations,

iii. Compares, using quantitative metrics, community vulnerability, marginalization, and other risk factors (including, but not limited to, gender, caste, ethnicity, religion, geography, language, and disability);

iv. Uses actuarial analysis to measure the severity of risks in order to identify communities facing high levels of composite risk.

b. Areas of Interest: the organization or consortia must identify communities or groups that have a diversity of risks including the primary and secondary impacts of COVID. The size of these communities or groups should be roughly the size of

‘Wards’ but do not have to be restricted to the current administrative boundaries.

USAID/Nepal anticipates working in a limited number of communities or groups.

The contractor will engage with USAID/Nepal in a consultative process of identifying these groups that consider the following:

i. Is based on rigorous analysis of data and literature as defined in section a, above.

ii. Is geographically defined and presents realistic (to be defined with

USAID/Nepal) opportunities for further engagement.

iii. Includes summaries and assessments of vulnerability, marginalization, and composite risk of each potential focal community, including key factors contributing to each measure.

iv. Includes preliminary political economy analysis of each proposed community’s relevant formal and informal power structure, including the specific key local stakeholders (if known);

v. Assesses the geophysical characteristics of each recommended community.

vi. Identifies the key gaps in knowledge/data in assessing each proposed community; and

vii. Assesses the feasibility of USAID/Nepal engaging with each recommended community, including the key opportunities and challenges.

c. Participation in analysis workshop:

i. Following the delivery of the analysis and recommendations to

USAID/Nepal, a two-day analysis and planning workshop will be held

[possibly virtually]. During this workshop, the contractor will present and discuss their findings with USAID.

4. PERFORMANCE PERIOD

The timeline for this contract is no more than six (6) months from the time of award.

5. LOGISTICS

The Contractor will work from her or his own premises. The Contractor will be responsible for all costs and arranging all logistics, including but not limited to communication cost, local travel, cost of supplies and meetings [including the workshops, etc].

USAID estimates that following direct level of effort may be required to perform the activities of this SOW. However, the offeror is free to make their own estimate based on the work stated in the SOW.

DIRECT LABOR

Labor Category Hours

1 Principal Investigator 1,213

2 GESI Expert 607

3 Risk Expert 607

4 Actuary 910

5 Data/GIS Expert 1,213

6 Research Assistant 1,213

7 Administrative Assistant 121

6. DELIVERABLES AND MILESTONES

All deliverable documents must be submitted in an editable, searchable electronic format, such as Word for narratives, GIS data in shape file and Excel for spreadsheets. Any

PowerPoint presentation prepared must be submitted as well, if applicable. The consultant must complete the following deliverables.

No Deliverables Final submission timeline

6.1 Final Work Plan including timeline and draft

research methodology. Length: 10-15 pages within 2 weeks of award

6.2 Presentation of data, data sources, and

methodology and feedback from USAID Nepal.

within 3 weeks of award

6.3 Updated Work Plan, including timeline, and final

research methodology. Length: 10-15 pages.

within 1 month of award.

6.4 Draft Report, including preliminary actuarial

analysis of vulnerability, marginalization, and composite risk of each potential focal community, as detailed in Section 3 above.

Analysis should be supplemented with data visualization tools within 3 months from award

6.5 Presentation of findings to USAID/Nepal. one week after submission of

Draft Report.

6.6 Final Report (not to exceed 25 pages, not

including annexes). The report shall include

a. introduction - summarizes the report purpose, background, and key findings b.Comprehensive actuarial analysis of vulnerability, marginalization, and composite risk of each potential focal community, as detailed in

Section 3 above. Analysis should be supplemented with data visualization tools.

c.Synopsis 1-2 page community profiles (with detailed profiles in annex) d.Recommendations - including the elements described in the Detailed Scope section e.Conclusions - assessors’ interpretations and judgments

One month after receipt of comments from USAID [to be provided within 2-weeks after presentation found in 6.5]

6.7 Complete clean data set used in analysis, in

compliance with USAID data collection standards and in editable and searchable format

One month after receipt of comments from USAID [to be provided within 2-weeks after presentation found in 6.5

6.8 Presentation [possibly virtually] of findings to

USAID/Nepal and Participation in USAID/Nepal

Analysis and Planning Workshop

Within two weeks after submission of Final

Recommendations Report.

7. BRANDING AND MARKING

All submissions should include a branding and marking plan in accordance with ADS

320.3.21.

Branding and Marking under this Contract must comply with the policies found at Automated

Directives System (ADS) Chapter 320. The Contractor can review and download the regulations, guidance, and graphics on branding/marking requirements at http://www.usaid.gov/branding/acquisition.html

The project materials and communications must be positioned as being “from the American

People,” using the USAID Identity. The desired level of USAID’s visibility for this program is high. USAID receives exclusive branding under Contracts although co-branding with the

GON may be authorized by the CO on a case by case basis.

The reports generated as a result of this contract must have USAID logo on the front page and a disclaimer stating that the views expressed in the report do not reflect the views of the

United States Agency for International Development or the United States Government. The

Contractor must consult with the COR on the required Marking for this Contract. The

Contractor’s branding and marking plan is incorporated into the contract as Attachment #

TBD. The plan must be in accordance with ADS 320.3.2.

8. PAYMENT SCHEDULE

● 40 percent will be paid upon approval of the work plan by USAID/Nepal point of contact

● 20 percent will be paid after submission of the draft recommendations report

(’6.4’ above)

● 40 percent will be paid upon completion of all deliverables of the scope of work (including acceptance of the Final Recommendations Report by

USAID/Nepal POC and participation in the USAID Analysis and Planning

Workshop).

REPORTING AND SUPERVISION

9. TECHNICAL DIRECTION

Technical direction for this work will be provided by the in-country point of contact, i.e., activity manager. Technical direction, as used herein, includes additional direction and guidance provided to the Contractor to carry out the duties described in the Scope of Work, which may include suggesting possible lines of inquiry, or otherwise complete the general scope of work. Technical direction must be within the terms of this PO and shall not be changed or be modified in any way.

10. Source and Nationality Requirements for Procurement of Commodities and Services

Financed by USAID

Foreign Assistance Act Section 604(a) authorizes procurement “from the United States, recipient country or developing countries,” which is implemented by 22 CFR Part 228 and

USAID's Automated Directives System Chapter 310 ("ADS 310"). The authorized source for this procurement is Geographic Code 937, as defined in ADS 310. Suppliers with a nationality outside of the United States, the recipient country or developing countries will only be considered for this procurement if a waiver is authorized under 22 CFR Part 228

Subpart D.

In order to be eligible to be a supplier, local, international, and U.S.-based organizations must not have received more than $5 million from USAID in the past five years as a prime awardee. This legislative requirement is meant to encourage support for non-traditional partners.

11. INSPECTION, ACCEPTANCE and CLAUSES, All deliverables required here under will be reviewed and approved by the POC, USAID/Nepal. The following clauses are hereby incorporated by reference (by Citation

Number, Title, and Date) in accordance with the clause at FAR “52.252-2 CLAUSES

INCORPORATED BY REFERENCE” contained in this document. FAR 52.252-2 contains the internet address for electronic access to the full text of a clause.

NUMBER

TITLE DATE

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

52.246-4 INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996)

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at:

U.S. Agency for International Development (USAID)

Embassy of the United States Nepal, Kathmandu

Kathmandu, NEPAL or at any other location where the services are performed and reports, deliverable or outputs are produced and submitted.

The services rendered will be subject to inspection approval and acceptance by the COR.

The Contractor will be informed of any rejection or acceptance of the services within ten working days after delivery of the services.

12. Instructions to Offerors to prepare and submit a proposal:

● Technical Proposal:

● Paper Size:

○ Letter (i.e., 8.5 by 11.0 inches or 215.9 millimeters (mm) by 279.4 mm); or A4

(i.e., 8.27 inches × 11.7 inches or 210mm × 297 mm).

○ Type Size: 12-point font; however, offerors may use 9-point Times New

Roman or similar serif typeface for text boxes or tables.

○ Font Style: Times New Roman or similar serif typeface

○ Spacing: Single spaced

○ Margins: 1-inch (25.4 mm) top, bottom, left, and right

● Page Limitation: Not to exceed 8 pages. USAID will not consider any pages that exceed the prescribed page limitation.

● Front Matter: Below please find the front matter that does not count against the 4-page Proposed Technical Concept corpus limitation:

○ Cover Page (no more than 1 full page);

○ Acronym List; and

○ Executive Summary (no more than 1 full page).

• Proposed Technical Concept Corpus: Below please find the requisite written texts that count against the 8-page limitation:

○ Technical Approach and Understanding (no more than 4 full pages);

○ Past performance with similar assignment but not necessarily with USAID

B. Cost Proposal

• The Offeror must submit a Cost Proposal in US dollars and Nepali rupees in MS

Excel format using the Cost Proposal template found in Annex 2 – Reference

Materials, along with a Budget Narrative explaining all proposed expenses.

• The currency exchange rate to be used is US$1 to 110 Nepali rupees. Group accident insurance is mandatory and must be procured by the Contractor. Under the bilateral agreement between USAID/Nepal and the GON, development assistance programmatic funds are exempt from taxes to the GON. USAID/Nepal will issue the awarded Contractor a letter of exemption from the responsibility to pay Government of Nepal taxes on this contract. However, it will be fully the responsibility of the

Contractor to engage with the Government of Nepal on any tax matters.

• The Offeror must submit a proposed budget comprehensive of all personnel with the necessary skillsets, logistics and costs, within which they would carry out their proposed Statement of Work and accomplish the intermediate results and achieve the purpose.

• USAID to award a Firm Fixed Price Purchase Order. The Cost Proposal must be separate from the Technical Proposal and must reflect realism, completeness, and reasonableness. Offerors are expected to submit the cost proposal in Excel format and with narrative.

• The budget should include (if applicable):

• Summary Budget main line items (excel), covering:

i. Full-time and support personnel costs

ii. Fringe benefits including insurance

iii. Travel and accommodation

iv. Workshop and any other program costs

v. Other direct costs

vi. Overhead or Fee if applicable

● Breakdown of Budget line items (excel), showing the respective anticipated costs within each budget line item

● Level of effort (LOE) estimate (excel) in accordance to the scope of work, showing a separate line item for each proposed individual, with daily rate, and percentage LOE of the total amount of contract

• An accompanying Budget Narrative (word document) must justify all costs, including explanation of any deviation from suggested deliverables. It must include bio data sheets with salary history for the last two years for each proposed personnel.

○ Evaluation Criteria

○ Technical Approach (70%) - The Proposed Technical Concept must demonstrate a sound and workable technical approach that ensures a high probability of successful performance. Further, the Proposed Technical

Concept must demonstrate the offeror’s understanding of the requirement through the degree of thoroughness, soundness, and comprehension.

○ Cost (20%) -

○ Past Performance (10%)

CONTRACTOR REGISTRATION

All prospective U.S. Government contractors are required to obtain a DUNS number and to complete the System for Award Management (SAM) registration before a contract may be awarded. To learn more and to begin the registration process, please visit the following websites:

DUNS number: http://fedgov.dnb.com/webform

SAM registration: http://www.sam.gov

Proposals may be submitted under this RFP without a DUNS number or SAM registration.

However, the successful awardee will be required to obtain both of them and submit evidence of registration to USAID before an award is made. The registration process may take many weeks to complete. Therefore, offerors are encouraged to obtain them early so that, if selected, the award will not be delayed.

Completion of an early registration does not constitute any commitment on the part of the

U.S. Government to make an award.

14 PURCHASE ORDER CLAUSES:

52.213-4 TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER

THAN COMMERCIAL ITEMS).

As prescribed in 13.302-5(d), insert the following clause:

TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS)

(JAN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the

Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section

1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-

232).

(iv) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

(viii) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C.3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)

(Pub.L.108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (Dec 2013)

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Aug 2019).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Oct 2018)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at

$30,000 or more).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and

Remedies (Jan 2020) (E.O.13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000 (May 2014) (41 U.S.C.chapter 65) (Applies to supply contracts over

$15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212)

(applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29

U.S.C.793) (Applies to contracts over $15,000, unless the work is to be performed outside the

United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern

Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter

67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor

Standards statute and will be performed in the United States, District of Columbia, Puerto

Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and

E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United

States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)

(Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011)

(E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007)

(42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management

Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C.chapter 67)

(Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-

(A)Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations

(May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct 2013)(Applies when the payment will be made by electronic funds transfer

(EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for

Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C.App.1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems

(Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have

Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b.

origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/browse/index/far

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The

Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post acceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)